Legal Question in Family Law in New York

child support in NY

I have been legally divorced for 5 years and legally seperated 3 years prior to that. I have 2 minor children which I have legal custody of. I reside in NY & my ex resides in NC. I receive $200 a week for child support and always have from day one. My ex filed for divorce 5 years ago from NC when he moved there after we seperated. We lived together in NY before he left. I want to try & get more money and I'm not sure where or what to do. If our divorce was done out of state but we the kids reside with me in NY can I go to family court here in NY? Will he have to appear here in NY from NC? How do I prove how much money he now makes? And what if it is not all on the books. Also, in our divorce papers it says he has to provide Health Insurance for the kids but henever has & I have been paying for it myself for the past 4 years. Can I go after him for that money? I would appreciate any advice or help. Thank you so much.


Asked on 8/12/06, 12:54 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: child support in NY

You may file a Petition for Upward Modification of Child Support, in NY Family Court.

Once your case in "on calendar," NY Family Court will "correspond" with the Child Support Collections State Court, in Ex husband's jurisdiction. Your husband will then be compelled to submit his financial info, for transmittal to you, in Answer to your Modification Petition.

Good luck,

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Answered on 8/13/06, 3:05 pm


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